DOC 335.04(15)(15) “Significantly affecting” means, in reference to actions, having considerable and important impacts on the quality of the environment, either in terms of the breadth of impact or the severity of impact.
DOC 335.04(16)(16) “WEPA” means the Wisconsin environmental policy act, s. 1.11, Stats.
DOC 335.04 HistoryHistory: Cr. Register, March, 1992, No. 435, eff. 4-1-92.
DOC 335.05DOC 335.05Types of actions. The department has grouped its actions into 3 types to facilitate its determination of need for an EIS.
DOC 335.05(1)(1)Type I actions. A type I action will always require an EIS. Construction of a new residential institution of 65 or more beds at a location where there was not previously a department-operated institution is a type I action.
DOC 335.05(2)(2)Type II actions. A type II action may or may not require an EIS, depending on the significance of the action. All of these actions shall be evaluated by means of an environmental assessment (EA). In the EA, the department shall study, develop and describe appropriate alternatives to the proposed action. Type II actions include the following:
DOC 335.05(2)(a)(a) Facilities development.
DOC 335.05(2)(a)1.1. Construction of a new residential institution of fewer than 65 beds at a location where there was not previously a department-operated institution.
DOC 335.05(2)(a)2.2. Construction at an existing department-operated institution of a new or replacement building or other structure or the addition to or change in the exterior physical design of a building or other structure, the cost of which is the same as or more than the limit where approval of the building commission is required pursuant to s. 13.48 (10), Stats.
DOC 335.05(2)(a)3.3. Acquisition or modification of an existing building to serve as a community residential facility for clients.
DOC 335.05(2)(a)4.4. Modification of a building at an existing department-operated institution to serve a different program and population.
DOC 335.05(2)(a)5.5. Changes in land use at minimum security facilities or beyond the secure perimeter of other facilities operated by the department to include but not be limited to construction of athletic fields, roads, parking facilities, bridges, and walls or fences.
DOC 335.05(2)(a)6.6. Construction of a planned lake or pond development or renewal of an existing pond development.
DOC 335.05(2)(a)7.7. Development of new sanitary land fill and solid waste disposal sites, and closing of existing sites.
DOC 335.05(2)(a)8.8. Sale of an institution.
DOC 335.05(2)(b)(b) Facilities operation.
DOC 335.05(2)(b)1.1. New construction, enlargement, or other significant modification in electrical, television, communications, heating, gas, or sewer facilities and systems at an institution.
DOC 335.05(2)(b)2.2. Demolition projects to remove structures of 100,000 or more cubic feet.
DOC 335.05(2)(b)3.3. Grant of easements across department property for roads and for above-ground construction of utilities including pipelines and transmission lines.
DOC 335.05(2)(b)4.4. Changed policies on farming and camp operation on department properties.
DOC 335.05(2)(c)(c) Administrative rules. Promulgation of non-emergency administrative rules under ss. 227.14 to 227.22, Stats. when implementation will have material impacts on the human environment and the department has substantial discretion in formulating important provisions of the rules.
DOC 335.05(2)(d)(d) Plans. Approval of state plans prepared as a requirement for federal financial participation in programs administered by the department, when implementation will have material impacts on the human environment and the department has substantial discretion in formulating important provisions of the plans.
DOC 335.05(2)(e)(e) Legislative proposals. Proposals of the department for state legislation to authorize new programs or major changes in existing programs, the implementation of which would have material effects on the human environment.
DOC 335.05(3)(3)Type III actions. A type III action normally does not have the potential to cause significant environmental effects and normally does not involve unresolved conflicts in the use of available resources, and therefore, unless the department determines otherwise, an EA or an EIS will not be required for the proposed action. Type III actions include the following:
DOC 335.05(3)(a)(a) Facilities development.
DOC 335.05(3)(a)1.1. Remodelling entirely within a building at an institution for use by the same program.
DOC 335.05(3)(a)2.2. Institution improvement projects, to include energy conservation and barrier-free access improvements and improvements to outdoor lighting, walkways, signs, shelters, tree plantings, and landscaping.
DOC 335.05(3)(a)3.3. Restoration of a facility to its original condition following damage from fire, accident, disturbance, or natural calamity.
DOC 335.05(3)(a)4.4. Closing of an institution or of part of an institution.